DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This Office Action is sent in response to Applicant's Communication received on December 20, 2024 for application number 18/989,273. This Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and Claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 20, 2024 was submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
4. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in parent Application No. DE 102023136076.0 filed on December 20, 2023.
Disposition of Claims
Claims 1-15 are pending in this application.
Claims 1-15 are rejected.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over (OGINO – CN 1591977 A), in view of (BEN – US 2019/0366965 A1).
Regarding claim 1, OGINO (Fig. 18A) discloses:
A device for a vehicle interior, comprising:
a first antenna (annular antenna 121: Fig. 18A) for transmitting or receiving ultra-wideband waves;
a second antenna (annular antenna 122: Fig. 18A) for transmitting or receiving ultra-wideband waves;
a lower conductor structure (lower part of conductor 27), wherein the first antenna (annular antenna 121: Fig. 18A) and the second antenna (annular antenna 122: Fig. 18A) are arranged at least partially in the lower conductor structure (lower part of conductor 27); and
an upper conductor structure (upper part of conductor 27), wherein the first antenna (annular antenna 121: Fig. 18A) and the second antenna (annular antenna 122: Fig. 18A) are arranged at least partially in the upper conductor structure (upper part of conductor 27).
But OGINO does not explicitly and/or specifically meet the following limitations:
(A) device for recognizing persons or children in a vehicle interior.
However, regarding limitation (A) above, BEN (Abstract) discloses/teaches the following:
A polarimetric radar system for detecting and classifying objects positioned in an interior of a vehicle includes a radar transmitter unit for transmitting radar waves of at least two different polarizations, a radar receiving unit for receiving radar waves of at least two different polarizations, a radar signal generating unit for generating and providing radar waves to be transmitted by the at least one radar transmitter unit, a signal processing circuitry for processing the generated radar waves and the received radar waves and a signal evaluation unit that is configured to receive processed signals from the signal processing circuitry, to estimate values for a set of predetermined object parameters on the basis of the received processed signals, and to select an object class upon detecting a match of the estimated values for the set of object parameters with one out of a plurality of predetermined sets of object parameters.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the device of OGINO incorporating additional controller communications/calculation-unit modules as taught by BEN for detecting and classifying objects positioned in an interior of a vehicle.
Regarding claim 2, OGINO AS COMBINED ABOVE disclose the device according to claim 1, and further on OGINO AS COMBINED ABOVE also discloses:
wherein the first antenna (annular antenna 121: Fig. 18A) has a first polarization and the second antenna (annular antenna 122: Fig. 18A) has a second polarization, wherein the first polarization and the second polarization differ at least in part (BEN [0071]: “The radar transmitter unit 12 comprises a first amplifier 14 and a second amplifier 16, which are identically designed, and two transmitting antennas 18, 20 that are designed as patch antennas. A first one 18 of the two transmitting antennas 18, 20 is configured to transmit radar waves with a horizontal polarization. A second one 20 of the two transmitting antennas 18, 20 is configured to transmit radar waves with a vertical polarization. Each one of the amplifiers 14, 16 is electrically connected with an output port to one of the transmitting antennas 18, 20. The two transmitting antennas 18, 20 are arranged at a roof of the interior 68 of the vehicle 66 at a center position above the front seats 70, 72 of the vehicle 66, and are directed opposite to a normal driving direction 86 in an orientation that is somewhat tilted towards a floor of the interior 68. The radar transmitter unit 12 is therefore configured for transmitting radar waves of horizontal and vertical polarization to partially cover the interior 68 of the vehicle 66, namely the middle seat row 74 and the rear seat row 76, where objects 78, 80, 82, 84 under consideration are to be expected. Examples of potential objects 78, 80, 82, 84 are shown in FIG. 2 as an adult 78, a child 80, a pet 82 and an inanimate object 84 formed by a box”).
Regarding claim 3, OGINO AS COMBINED ABOVE disclose the device according to claim 1, and further on OGINO AS COMBINED ABOVE also discloses:
wherein the first antenna (annular antenna 121: Fig. 18A) has a first polarization comprising a linear polarization or the second antenna (annular antenna 122: Fig. 18A) has a second polarization comprising a circular polarization (BEN [0071]: “The radar transmitter unit 12 comprises a first amplifier 14 and a second amplifier 16, which are identically designed, and two transmitting antennas 18, 20 that are designed as patch antennas. A first one 18 of the two transmitting antennas 18, 20 is configured to transmit radar waves with a horizontal polarization. A second one 20 of the two transmitting antennas 18, 20 is configured to transmit radar waves with a vertical polarization. Each one of the amplifiers 14, 16 is electrically connected with an output port to one of the transmitting antennas 18, 20. The two transmitting antennas 18, 20 are arranged at a roof of the interior 68 of the vehicle 66 at a center position above the front seats 70, 72 of the vehicle 66, and are directed opposite to a normal driving direction 86 in an orientation that is somewhat tilted towards a floor of the interior 68. The radar transmitter unit 12 is therefore configured for transmitting radar waves of horizontal and vertical polarization to partially cover the interior 68 of the vehicle 66, namely the middle seat row 74 and the rear seat row 76, where objects 78, 80, 82, 84 under consideration are to be expected. Examples of potential objects 78, 80, 82, 84 are shown in FIG. 2 as an adult 78, a child 80, a pet 82 and an inanimate object 84 formed by a box”).
Regarding claim 4, OGINO AS COMBINED ABOVE disclose the device according to claim 1, and further on OGINO AS COMBINED ABOVE also discloses:
wherein the first antenna (annular antenna 121: Fig. 18A) or the second antenna (annular antenna 122: Fig. 18A) is configured to transmit or receive at a frequency of between 1.0 GHz to 100.00 GHz (BEN [0077]: “With reference to FIG. 1, the radar signal generating unit 32 comprises a radar local oscillator 34 and a sweep generator 36. The radar local oscillator 34 is configured to generate radar waves at a radar frequency of, for instance, about 24.0 GHz, and is capable of operating in a continuous wave-mode. The sweep generator 36 is configured to generate a sinusoidal signal of constant amplitude with a linearly varying frequency with a bandwidth of e.g. 200 MHz at a radar frequency of 24 GHz”).
Regarding claim 5, OGINO AS COMBINED ABOVE disclose the device according to claim 1, and further on OGINO AS COMBINED ABOVE also discloses:
wherein the lower conductor structure (lower part of conductor 27) or the upper conductor structure (upper part of conductor 27) includes at least one decoupling slot to decouple the first antenna (annular antenna 121: Fig. 18A), the second antenna (annular antenna 122: Fig. 18A), or a ground plane.
Regarding claim 6, OGINO AS COMBINED ABOVE disclose the device according to claim 1, and further on OGINO AS COMBINED ABOVE also discloses:
wherein at least one of the first antenna (annular antenna 121: Fig. 18A) and the second antenna (annular antenna 122: Fig. 18A) comprises an omnidirectional antenna.
Regarding claim 7, OGINO AS COMBINED ABOVE disclose the device according to claim 1, and further on OGINO AS COMBINED ABOVE also discloses:
wherein the first antenna (annular antenna 121: Fig. 18A) comprises: a first terminal arranged in the lower conductor structure (lower part of conductor 27) and connected to a ground plane; a second terminal arranged in the upper conductor structure (upper part of conductor 27); a first ellipse arranged in the lower conductor structure; and a second ellipse arranged on the upper conductor (upper part of conductor 27) and electrically connected to the first ellipse via one or more connections.
Regarding claim 8, OGINO AS COMBINED ABOVE disclose the device according to claim 1, and further on OGINO AS COMBINED ABOVE also discloses:
wherein the second antenna (annular antenna 122: Fig. 18A) comprises: a first terminal arranged in the lower conductor (lower part of conductor 27) structure and connected to a ground plane; a second terminal arranged in the upper conductor structure (upper part of conductor 27); a ring structure is arranged in the lower conductor structure (lower part of conductor 27); and an excitation structure arranged in the upper conductor structure (upper part of conductor 27) and arranged above the ring structure.
Regarding claim 9, OGINO AS COMBINED ABOVE disclose the device according to claim 1, and further on OGINO AS COMBINED ABOVE also discloses:
wherein: the lower conductor structure (lower part of conductor 27) and the upper structure (upper part of conductor 27) are formed as lower and upper layers of a printed circuit board; and the lower conductor structure (lower part of conductor 27) and the upper conductor structure (upper part of conductor 27) are arranged substantially parallel to each other.
Regarding claim 10, OGINO AS COMBINED ABOVE disclose the device according to claim 1, and further on OGINO AS COMBINED ABOVE also discloses:
a method for recognizing persons or children in a vehicle interior, comprising: providing the device according to claim 1;
driving the first antenna (annular antenna 121: Fig. 18A) or the second antenna (annular antenna 122: Fig. 18A) by an electronic control unit (ECU), such that the first antenna (annular antenna 121: Fig. 18A) or the second antenna (annular antenna 122: Fig. 18A) transmits ultra-wideband waves in the vehicle interior;
driving the first antenna (annular antenna 121: Fig. 18A) or the second antenna (annular antenna 122: Fig. 18A) by the ECU, such that the first antenna (annular antenna 121: Fig. 18A) or the second antenna (annular antenna 122: Fig. 18A) receives a reflection of the ultra-wideband waves to provide a received signal;
detecting the received signal by the ECU;
determining a movement frequency based on the received signal in order to detect a living being in the vehicle interior; and
outputting information in response to determining a movement frequency (BEN [0071-0089]: “The transmitting antennas 18, 20, 18′, 20′ of the two radar transmitter units are arranged at the roof of the interior 68 of the vehicle 66 at a center position above the seats of the middle seat row 74. The two transmitting antennas 18, 20 of a first one of the two radar transmitter units are directed in the normal driving direction 86 in an orientation that is somewhat tilted towards the floor of the interior 68. The first radar transmitter unit is thus configured for transmitting radar waves of horizontal and vertical polarization to partially cover the interior 68 of the vehicle 66, namely the middle seat row 74. The two transmitting antennas 18′, 20′ of a second one of the two radar transmitter units are directed opposite to the normal driving direction 86 in an orientation that is somewhat tilted towards the floor of the interior 68. The second radar transmitter unit is thus configured for transmitting radar waves of horizontal and vertical polarization to partially cover the interior 68 of the vehicle 66, namely the rear seat row 76” and “The receiving antennas 28, 30 of a first one of the two radar receiving units are arranged at the roof of the interior 68 of the vehicle 66 at a center position above the front seats 70, 72, with their main sensitivity lobes pointing mainly opposite to the normal driving direction 86, and suitably tilted towards the floor of the interior 68. The first one of the two radar receiving units is therefore configured for receiving radar waves of horizontal and vertical polarization that are generated from radar waves transmitted by the first one of the two radar transmitting units and reflected or scattered by objects 78, 84 located in the middle seat row 74 of the vehicle 66”).
Regarding claim 11, OGINO AS COMBINED ABOVE disclose the method according to claim 10, and further on OGINO AS COMBINED ABOVE also discloses:
wherein: the first antenna (annular antenna 121: Fig. 18A) transmits the ultra-wideband waves; and the second antenna (annular antenna 122: Fig. 18A) receives the reflection of the ultra-wideband waves.
Regarding claim 12, OGINO AS COMBINED ABOVE disclose the method according to claim 10, and further on OGINO AS COMBINED ABOVE also discloses:
a computer program comprising instructions which, when the computer program is executed by a computer, cause the computer to implement the method according to claim 10 (BEN [0103]: “Then, in a further step 110 of the method, an information that is indicative of the classified objects 78, 80, 82, 84 is provided to an electronic control unit ECU of the vehicle 66 if the vehicle engine is in operation, or may be provided, depending on a fulfilment of additional conditions, to a remote telecommunication means if the vehicle engine is not in operation. In the former case, the information is used for the purpose of a seat belt reminder (SBR) system or an activation control for an auxiliary restraint system (ARS) such as an air bag system. In the latter case, the information can be used to confirm a presence of the classified object 78, 80, 82, 84 in the interior 68 of the vehicle 66, or may serve to alert help in case of a left-behind pet or child”).
Regarding claim 13, OGINO AS COMBINED ABOVE disclose the method according to claim 10, and further on OGINO AS COMBINED ABOVE also discloses:
a computer-readable data carrier in which instructions are stored which, when executed by a computer, cause the computer to implement the method according to claim 10 (BEN [0103]).
Regarding claim 14, OGINO AS COMBINED ABOVE disclose the method according to claim 10, and further on OGINO AS COMBINED ABOVE also discloses:
an electronic control unit (BEN [0103]) having a computing unit and a memory unit, the memory unit having computer-readable instructions that, when executed by the computing unit, cause the computing unit to implement the method of claim 10.
Regarding claim 15, OGINO AS COMBINED ABOVE disclose the device according to claim 1, and further on OGINO AS COMBINED ABOVE also discloses:
a vehicle (vehicle 66: BEN [0103]) comprising the device according to claim 1, wherein the device is arranged in a roof, a headrest, a backrest, or a door of the vehicle (vehicle 66: BEN [0103]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ruben Picon-Feliciano whose telephone number is (571)-272-4938. The examiner can normally be reached on Monday-Thursday within 11:30 am-7:30 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay M. Low can be reached on (571)272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUBEN PICON-FELICIANO/Examiner, Art Unit 3747
/GRANT MOUBRY/Primary Examiner, Art Unit 3747